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Comparison between the Act of Pesticide Management and “the New Draft of the Act of Pesticide Management”

original article from CIRS

Main Revisions in the draft:

  1. Improvement of the pesticide registration policies. Temporary pesticide registration has been abolished and the procedures of pesticide registration have been improved.
  2. Improvement of the pesticide production quality and safety control. Manufacturers shall perform the production strictly according to the product quality standards and shall make sure the identity of the produced and registered products.
  3. Improvement the operational management of pesticide. A licensing system has been set up for pesticide operation. The correct use introduction shall be included for the purchasers. Unqualified pesticide will not be allowed to be sold.
  4. Improvement of the pesticide safe use supervision and management. Pesticide shall be used according to the correct method. Relevant training and plans shall be made upon using the pesticides. And the use records shall be made by the agricultural product enterprises that are using pesticides.
  5. Improvement of the pesticide supervision responsibility. Relevant authorities shall regularly perform inspections. Appropriate actions shall be taken if inappropriate use or risk potential of the pesticide has been spotted.

Comparison of the Revised Contents:


The Act of Pesticide Management

The New Draft of the Act of Pesticide Management

Pesticide Registration

1. Three phases: Field test ---- Temporary Registration ---- Full Registration
2. Change of registration shall be applied if dosage form, content or use is changed within valid date.

1. Temporary registration has been abolished. The registration procedures have been modified as follows: apply for pesticide registration test ---- conduct tests ---- dossier submission ---- review of registration ---- registration announcement
2. Certificate/registration renewal shall be applied on following occasions: dosage form, content or use is changed; pesticide content other than AI is changed; origin location is changed; other situations that governmental authorities stipulate; pesticide manufacturer name is changed.

Pesticide Manufacture

No requirement has been made for the consigned manufacture

1. Enterprises that are consigned for manufacturing and re-packaging will be regarded as pesticide manufacturers. The registration certificate, manufacturing certificate or permit will be required for the same product. The consigned enterprises are required to notify the relevant authorities.
2. (Addition) Examination of the production inspection certificate and relevant certificates shall be taken when the pesticide enterprises are purchasing raw materials..
3. (Addition) Provisions of purchase record and sales record shall be built by pesticide manufacturers
4. (Addition) When pesticide manufacturers are selling restricted pesticides, the purchasers must be with these restricted pesticide operation license

Oversea Enterprises

No requirement has been made for oversea enterprises

1. Oversea enterprises will not be allowed to sell pesticide directly in China. Regulatory compliant pesticide label shall be provided when Importing pesticide into China.
2. Relevant pesticide registration certificate shall be provided when applying for Custom clearance.



Requirement for Pesticide Retailers:


The Act of Pesticide Management

The New Draft of the Act of Pesticide Management

Pesticide Operation

1. Pesticide production material operation units; plant protection department; soil fertilizer department; agriculture and forestry technical promotion authorities; forest pest control authorities; pesticide manufacturers; other units that are nominated by the State Council.

1. Operational licensing system has been carried out by the country, which defines the qualifications that pesticide retailers shall have.
2. Pesticide retailers shall not formulate or re-package pesticide, shall not add any substances into pesticide, and shall not sell pesticide without packaging or appropriate labels. 
3. Pesticide retailers shall take purchase and sales records. Transporters shall take transportation records.
4. Pesticide registration certificate, pesticide production certificate and relevant documents shall be provided to transporters.  

Pesticide Use

1. Promotions of safe and efficient use of pesticide, appropriate use of pesticide and relevant trainings shall be carried out by relevant governmental authorities.
2. Pesticide anti-toxic regulation shall be complied when using pesticide; relevant regulations on safe and appropriated use of pesticide shall be complied; Protection of environment, beneficial organisms and rare species shall be taken into consideration when using pesticide.
3. Acute or high toxic pesticide shall not be used for hygiene pest control, vegetables, fruits, teas or medicinal herbs.

1. (Addition) Pesticide use records are required to be made by agricultural product manufacturers, professional pest control organizations and agricultural product manufacturing organizations built by farmers. 
2. (Addition) Temporary production of certain pesticide that have not been registered or have been banned or restricted shall be decided by the relevant authorities of the State Council.



Requirement for the Judgment of Fake or Unqualified Pesticide:


The Act of Pesticide Management

The New Draft of the Act of Pesticide Management

Supervision and Management

1. Fake pesticide: Product that is not classified as pesticide that has been sold as pesticide; the contained effective content and name are different with the ones on the product labels.
2. Unqualified pesticide: pesticide that is not qualified with the quality standards; pesticide that loses the effects; pesticide that is mixed with other content that is hazardous.

1. Pesticide production and accreditation records shall be made and published by the relevant governmental authorities.
2. Pesticide recall policies shall be built so that the pesticide that will have safety issue or high risks can be prevented from production, selling and using.
3. (Addition) Pesticide without a registration certificate or pesticide that has been banned shall be punished the same as fake pesticide.
4. (Addition) Unqualified pesticide: pesticide that exceeds the shelf life will be treated as unqualified pesticide.
5. Officials from pesticide certificate department, administrative management department and pesticide examination and inspection organizations shall not participate in the activities such as pesticide production and operation, shall not promote, product or sell the pesticide.
6. Recalled pesticide, fake pesticide, unqualified pesticide and pesticide wastes shall be together dealt by the governmental professional organizations.


Relevant Link:

Registration of Agrochemicals and Biocides in China

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